Global Trademark GO - Finland——Introduction to Finnish Trademark Application

In May 2019, Finland began to implement the new trademark law. It is no longer necessary to submit image format standards and can be displayed in multimedia. Therefore, in addition to traditional trademarks, sound trademarks, olfactory trademarks, and hologram trademarks can all be registered in Finland. At the same time, since May 2019, Finland has implemented electronic trademark applications and issued electronic trademark certificates. In addition, in line with the EU trademark system, Finnish trademarks have also set up a cooling-off period system for trademark objections to encourage disputing parties to resolve trademark disputes through negotiation. The implementation of Finland's new trademark law has also established new administrative procedures for trademark revocation and invalidation. That is, in addition to filing lawsuits with the Finnish Market Court, trademark applicants can also choose to file administrative procedures with the Finnish Patent and Trademark Office.

1. Trademark authority

• Finnish Patent and Registration Office, PRH
• Website: PRH - Trademarks
• Trademark search: Tavaramerkkitietopalvelu | PRH ; EUIPO - eSearch (europa.eu)

2. How to apply for trademark registration

• electronic submission

3. Trademark registration application language

• Finnish

4. Documents required for trademark registration application

• Trademark pattern
• List of goods and/or services
• Applicant information
• Payment documents or receipts
• power of attorney
• A copy of the priority document may be submitted only upon request of the Finnish Trademark Office

5. Finnish trademark registration application process

• The Finnish Patent and Trademark Office PRH will conduct a formal examination and a substantive examination after receiving the trademark registration application. The content of the formal examination includes: the necessary identification details of the applicant and its representatives; whether the list of goods and services is clearly specified; whether the fees have been paid in full. ; Whether the description of the trademark is clear and accurate. If there are formal defects, PRH will require the applicant to correct the defects.
• For the substantive examination of trademarks, PRH will search for similar national trademarks, EU trademarks and international trademarks and compare them; PRH will also use the Internet to conduct an overall assessment of whether the trademark has distinctive features to understand whether the trademark is proposed Distinctive features of goods and services. In addition, other possible obstacles to the trademark will be reviewed, such as whether it violates public order and good customs, and whether it is misleading in terms of goods and services.
• If the registration process goes smoothly, or the trademark applicant overcomes existing obstacles, the trademark will be announced in the Trademark Gazette and a trademark registration certificate will be issued.
• The objection period is within 2 months from the announcement period, during which anyone can file an objection to the registered trademark.

6. Documents required for trademark change/transfer

• Name/address change information
• power of attorney
• transfer agreement
• Trademark registration certificate

7. Trademark cancellation

• If a registered trademark has not been used for five consecutive years, the registered trademark will face cancellation by the Finnish Market Court.

8. Trademark objections

• The opposition period is 2 months from the date of the trademark registration announcement, during which anyone can file an objection to the registered trademark.

9. Authorization, validity period and trademark renewal

• Finland does not charge licensing fees. For trademarks filed on or after May 1, 2019, registration in Finland is valid for 10 years from the filing date. For trademarks granted after May 1, 2019, registration in Finland is valid for 10 years from the date of registration. Trademarks are renewable for 10 years. Application for renewal can be made within one year before the expiration of registration, or within the six-month extension period after the expiration of validity.

10. Average time for trademark authorization

• If the registration goes smoothly, the average time for trademark registration in Finland is 2 months.

11. Other matters needing attention

• Finnish trademark applications can request accelerated examination.
• Finland implements the procedure of first issuing a registration certificate and then announcing it. If there is no objection during the announcement period or the objection is not established, the trademark will be officially registered. Therefore, even if you receive a trademark registration certificate, it does not mean that the trademark has been successfully registered in Finland.
• There is no "relative reason" review when registering a Finnish trademark, that is, the official will not actively reject the applied trademark because it is similar to an earlier trademark. Therefore, the trademark can easily pass the preliminary examination and be announced. This requires the right holder to apply for registration even after the application is successful. You also need to continue to pay attention and promptly carry out objections and rights protection to protect your trademark rights.